OpenRent Community

Existing Tenants Husband Moves In-Amending Tenancy (only 2 months more remaining in the tenancy)

Hi,
I have a 3 bedroom property.

I have 3 ladies on a Single Tenancy Agreement.

The remaining period on the tenancy is ONLY 2 more months.
So, the current tenancy will come to an end in 2 months time.

Neither me nor the tenant has given termination notice.

One of the tenants’ husband and 7 months old child child moved into the property recently.

How do I add them to the tenancy agreement?
Do I need to add husband and child to the tenancy when there is only 2 more months remaining in the tenancy?

Thanks

If they moved in with your permission then you have probably created a licensable HMO, if it wasn’t one already. If not then I wouldnt do anything that acknowledges you accept him living there for the moment.

Her husband moved in with my permission.
Now there are only 4 adults (including the husband and wife).
I thought HMO will be required only if there are 5 or more adults.
Please correct me if I am wrong.

It is 5 people that creates a large hmo, they dont all need to be tenants and children are counted as one person so you need a license.

My understanding is that while the 7 month old child is normally excluded from consideration with regard to the room-size regulation, they do count toward the number of qualifying occupants for the property as a whole. Therefore I think its 5 people and a mandatory licence. You should check this with an HMO specialist.

Thank you so much for your responses.
I will check with the council about HMO.

In the meantime, do I need to include the name of the husband and child in the tenancy agreement?

If so, how do I update the tenancy agreement just for the remaining 2 months?
Thanks

If you have given permission there probably isn’t a need to update the tenancy agreement unless your mortgage or insurance providers stipulate that all adult occupiers need to be named tenants. Bit late for that now!

Remember that the tenancy doesn’t just end at the end of the initial term so could go on beyond 2 months if tenants aren’t looking to leave…

Thanks for the response.

One of my friends is letting his 3 bedroom property to 2 families.
Family 1: Husband, Wife and child
Family 2: Husband and Wife

So, there are 5 people in total who belong to 2 different families.
Does he require to apply for HMO license?
Thanks

Yes, it would be a mandatory licence